Chris Andrews (Dublin South East, Fianna Fail)

I thank Deputy O'Flynn for sharing his time with me. This Bill amends existing legislation applying to the defence of the person and the person's home. I commend the Minister on introducing this item of legislation, which is timely and welcome. It builds on other welcome legislation.

The Bill outlines what is meant by the dwelling, and provides when justifiable force, including lethal force, may be used against a person entering for criminal purposes. It also states clearly that the occupier has no obligation to retreat from the dwelling. In addition, it bars the taking of civil actions against occupiers who protect their dwellings and inflict injuries incidental to that. That is a common sense measure. The notion that someone who breaks into a home, having injured himself, can claim damages makes no sense.

The right to feel safe in one's own home is a basic entitlement. Article 40.5 of the Constitution states specifically: "The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law." The Constitution clearly states that our home is our castle and we should be allowed to protect it and defend it. Unfortunately, this legislation is necessary.

In recent years, a number of high profile incidents have increased the focus on this subject, most infamously the Nally case. There has been a perception, somewhat unfairly, that the law in this area comes down more on the side of the people who perpetrate the crime of breaking into another person's home rather than those on whom the crime is committed. The legislation clarifies the fact that the law is on the side of the wronged party and ensures that homeowners can be certain of their right to defend their dwellings without fear of civil action.

I welcome the legislation and commend the Minister on the stance he has taken on the matter. However, as I have stated previously there should be greater deterrents for the people who commit crimes, particularly against the elderly and vulnerable. One such deterrent would be the introduction of mandatory sentences for burglary and aggravated burglary. I accept that mandatory sentencing will not solve the underlying problems that cause people to commit crimes but it is my belief that the thought of going to prison for a set number of years would make many burglars think twice before they enter a property.

According to recent statistics from the Central Statistics Office, there were 26,793 burglaries and related offences last year - an increase of 8.5% - while the annual increase in aggravated burglary offences, compared with 2008, was 11.7%. Statistics show that Dublin is the worst affected area, with 32.7% of all burglaries. In my constituency of Dublin South-East there was a spate of burglaries earlier this year in which elderly people were targeted in their homes. Criminals took advantage of the lonely and isolated. They preyed on the trusting nature of those homeowners by posing as council officials or other people on official business such as television licence inspectors or ESB meter readers. While the Garda has been excellent in combating such crimes, providing people with checklists for home security and warning them not to trust anyone they do not know, it is an uphill battle due to the fact that many of the perpetrators serve only a few months in prison before being let out on the streets again to reoffend.

I pay tribute to the former chief superintendent for the south Dublin area, John Twomey, who has been promoted to Assistant Garda Commissioner. He was committed to community policing and drove on that agenda which has made a difference. In the inner city I attend another forum he has set up with residents, public representatives, council officials and the Garda. It has made a difference and improved matters to some extent. It is not a magic wand but it has made a difference. John Twomey deserves credit for his work, which no doubt has been recognised in his promotion. I wish him well in his new post.

I also welcome the appointment of the new chief superintendent, Michael O'Sullivan, whom I met last Friday at a community policing forum meeting which was very well attended by residents and the Garda. The fact that he was present shows his personal commitment and the commitment of the Garda to community policing which has a significant impact on improving the quality of people's lives. There is a considerable level of anti-social behaviour which might not fall into the criminal bracket but does constitute a real nuisance and has a negative impact on people's lives. The community Garda section and the work of such people as Michael O'Sullivan has made a positive difference in my constituency. The community is involved in making decisions. Sometimes even explaining to residents why certain things cannot be done is of benefit. The time given by the Garda to local community residents has made a difference. I wish the new Assistant Garda Commissioner, John Twomey, well and the same to his replacement, chief superintendent, Michael O'Sullivan, in Pearse Street. The area has had its difficulties over the years and of late the Garda has made a big effort to be involved and to build relationships with the local community. That has been a positive development.

Earlier this year the Attorney General asked the Law Reform Commission to consider the issue of mandatory sentencing, particularly for those who attack the vulnerable in society. The Minister for Justice and Law Reform said he was open minded on the subject of mandatory sentences and has not ruled them out, but he queried the need for them in view of the fact that a maximum sentence could apply, which is up to 14 years for burglary and a life sentence for aggravated burglary. I am open to correction but the handing out of maximum sentences is not the norm for burglaries. Until such time as the maximum sentence is handed down for aggravated burglaries we need to introduce mandatory sentencing for such crimes.

The Bill ensures that those people who are in a position to protect their homes, if they wish to, can do so without fear of repercussion. It also adopts the castle doctrine into Irish law, stating that a homeowner is not under a duty to retreat, which has not been clear up to this point. In most cases of burglary the advice would be to get out of the way and leave them to it. However, that is not acceptable. A person should not have to retreat from his or her home, although it is probably wise to do so. If a person defends his or her home, he or she should not end up as the victim.

While I have spoken about my belief on the introduction of mandatory sentencing for burglary I accept that is not the only solution to the problem. Funding and investment in youth training and programmes also need to be maintained in so far as possible in these challenging times to try to prevent those individuals most at risk of embarking on a life of crime from doing so. I commend the work of the community groups in Dublin South-East, Pearse Street, Kevin Street and others across the constituency. I support the work they do and the commitment they have shown. I welcome the Bill and commend the Minister on its introduction.

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